As defence counsel, we frequently face allegations that paint a negative picture of the defendant even though there is a good defence. In one such case, the plaintiff was convinced the defendants had defrauded an elderly relative. The relative, who could not read or write, sold land to the defendants for much less than market value, soon before his death.
Our approach
Our strategy was to focus on the defendants’ good character and relationship with the landowner before the land transfer. In Questioning, the defendants revealed themselves as kind people who would not take advantage of the landowner.
The result
Despite initial concerns about liability exposure exceeding a million dollars, we were able to settle the case without any payment, based on discontinuance without costs. We negotiated a settlement after the plaintiffs’ counsel questioned the defendants and saw for his own eyes that these were decent people, despite the nature of the allegations against them.
